المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Administrative Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles

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  1. - مسئولية الإدارة عن قراراتها الإدارية – القرار الإداري غير المشروع

    Principle 413The administration's liability for administrative decisions. Its basis. - Compensation for an administrative decision contrary to law. Its nature. - Determining the extent of the injured party's contribution to causing tAdministrative Law · Source page 109
  2. Principle 414The Constitution undertook to establish the general rules governing citizens' rights and duties. Regulation of those matters. It is laid down by law. - The administrative authority's liability for its administrative deciAdministrative Law · Source page 110
  3. Principle 416Holding the administration liable in compensation for its decisions. Its basis. Fault consisting in issuing an unlawful administrative decision or one that it was required to issue pursuant to the law. - A valid administAdministrative Law · Source page 110
  4. Principle 417Assessment of the soundness of an administrative decision. What matters is the factual circumstances existing at the time of its issuance, not subsequent events capable of changing the assessment thereof. - Concluding anAdministrative Law · Source page 110
  5. Principle 418The administration’s liability in compensation for its decisions. Its basis: fault on its part in issuing an unlawful decision or refraining from taking a decision it was required to take pursuant to laws or regulations,Administrative Law · Source page 110
  6. Principle 419The administration’s liability for administrative decisions issued by it. Its criterion: fault on its part, damage suffered by the interested party, and a causal relationship between the fault and the damage. An award ofAdministrative Law · Source page 111
  7. Principle 420Holding the administration liable in compensation for its administrative decisions. Its prerequisite: fault consisting in the issuance of an unlawful administrative decision and resulting damage. - The damage for which tAdministrative Law · Source page 111
  8. Principle 421The prerequisite for the administration’s liability for the decisions it issues: fault on its part consisting in the administrative decision being unlawful, harm befalling the person concerned, and a causal relationship Administrative Law · Source page 111
  9. Principle 422The administration’s liability for decisions issued by it. Its basis: fault on its part, damage suffered by the interested party, and a causal relationship between them. Existence of the element of fault. Insufficient toAdministrative Law · Source page 111

  10. - رقابة القضاء على مشروعية القرار الإداري

    Principle 424The administrative judiciary’s review of the legality of administrative decisions. Its limits: not being bound by the literal wording through which the administration expresses its administration.Administrative Law · Source page 112
  11. Principle 425The limits of the activity of the administrative judiciary in weighing administrative decisions. It stops at lawfulness or unlawfulness within the scope of legal review. It is prohibited from going beyond that to weigh tAdministrative Law · Source page 112
  12. Principle 426An administrative decision is issued by the administrative authority either under discretionary power or where its power in that regard is circumscribed. A decision issued under circumscribed power. Is not an administratAdministrative Law · Source page 112
  13. Principle 427An employee's assertion of an acquired right to work in a particular place or a particular post by appointment or secondment. Impermissible. The reason: the administration's power to transfer him from one post to anotherAdministrative Law · Source page 112
  14. Principle 428Decisions transferring and seconding employees. Their exclusion from the jurisdiction of the Administrative Disputes Circuit. The condition for this. Their purpose must be to achieve the public interest. Absence of this Administrative Law · Source page 113
  15. Principle 429Assessment of the public interest in revoking nursery licences. Not left to the administrative authority; rather, it is subject in that regard to judicial review.Administrative Law · Source page 113
  16. Principle 430The administrative authority may evaluate scholarly output and establish the equivalence of foreign qualifications in accordance with the conditions required by law. The judiciary may review administrative decisions issuAdministrative Law · Source page 113
  17. Principle 431The defect of abuse or misuse of power that justifies annulment of an administrative decision or compensation for it. Its assessment. Within the authority of the court of merits.Administrative Law · Source page 113
  18. Principle 432The employee's relationship with the Government. Its nature and its effect on the administrative decisions it issues within its scope.Administrative Law · Source page 113
  19. Principle 433Abuse or misuse of power justifying annulment of an administrative decision. Its nature. Assessment of whether it is established. A matter of fact.Administrative Law · Source page 113
  20. Principle 434The administrative judiciary, in assessing administrative decisions. It should stop at the limits of legality or illegality without proceeding to assess the expediency of the decision. - 113 - AdministrativeAdministrative Law · Source page 113
  21. Principle 435Appointment is among the matters of discretionary suitability in which the administrative authority has latitude within the limits of what it considers consistent with the public interest and with due regard to what the Administrative Law · Source page 114
  22. Principle 436Determining whether a decision transferring an employee includes a penalty by which the administration intended to harass or retaliate against the employee, or whether its action aims at the public interest. A matter of Administrative Law · Source page 114
  23. Principle 437Assessing whether abuse and misuse of power justifying annulment of an administrative decision have been established. A matter for the court of merits.Administrative Law · Source page 114
  24. Principle 438The administrative authority independently assesses the appropriateness of issuing an administrative decision or not. Its assessment is not subject to review provided that its motive is pursuit of the public interest andAdministrative Law · Source page 114
  25. Principle 439The administrative authority has freedom to assess the gravity of the administrative offense and the danger arising from it, and to determine the sanction it considers appropriate. - An employee may not claim an acquiredAdministrative Law · Source page 114
  26. Principle 440Prohibition on establishing industrial facilities or making any change to them unless a license therefor is obtained from the Public Authority for Industry. The license application. It must be decided within sixty days fAdministrative Law · Source page 114
  27. Principle 442The administrative authority’s expression of its will in performing its function. How effected. Either through decisions issued pursuant to discretionary authority conferred by law or pursuant to a bound authority under Administrative Law · Source page 115
  28. Principle 443The principle of automatic tender award is the general rule established for tenders, under which the administration's authority is bound to award the tender to the bid that complies with its conditions and is lowest in pAdministrative Law · Source page 115
  29. Principle 444Characterization of the administration’s act. The determining consideration therein. Its substance and purpose, not the wording and form of the act. - Drawing attention is not among the disciplinary penalties which the lAdministrative Law · Source page 115
  30. Principle 446Administrative adjudication is adjudication of legality. Its effect. Extending its review to the lawfulness of the administrative decision, identifying its elements and the extent to which it rests soundly on foundationsAdministrative Law · Source page 116
  31. Principle 447Selecting the appropriate penalty for an administrative offense. Within the administrative authority’s power. The condition for that. - Establishment of the appellee’s—the respondent in cassation’s—breach of his employmeAdministrative Law · Source page 117
  32. Principle 448The right of litigation is guaranteed to all people. The implication thereof. - Administrative acts and decisions. The general rule is their subjection to judicial review and the prohibition against immunizing them from Administrative Law · Source page 117
  33. Principle 449The administrative judiciary may review the legality of the ground upon which an administrative decision was based. What matters in assessing this is consideration of the true ground on the basis of which it was issued, Administrative Law · Source page 117
  34. Principle 450Review by the administrative judiciary of administrative decisions affecting freedoms. Its scope.Administrative Law · Source page 118
  35. Principle 451Annulment jurisdiction. The general rule is that the court’s jurisdiction is confined to examining the legality of the challenged decision. If its illegality is established, the court orders its annulment. In that event,Administrative Law · Source page 118

  36. - دعوى إلغاء القرار الإداري

    Principle 454An action for annulment of an administrative decision. An action in rem whose subject is challenging the administrative decision itself. - A ruling that an action for annulment of an administrative decision is inadmissibAdministrative Law · Source page 119
  37. Principle 455The time limit for bringing an annulment action. The general rule concerning its commencement where a grievance is lodged against it. The lapse of sixty days after submission of the grievance without the administration rAdministrative Law · Source page 119
  38. Principle 456Administrative decisions amenable to challenge by annulment. Their nature. An administrative decision may be negative. - 119 - AdministrativeAdministrative Law · Source page 119
  39. Principle 457Challenges seeking annulment of administrative decisions. Their time limit. 60 days. Interruption of the time limit by an administrative grievance submitted before bringing the annulment action and expiry of the period fAdministrative Law · Source page 120
  40. Principle 458The jurisdiction of the Administrative Circuit of the Court of First Instance to annul administrative decisions is limited to decisions concerning appointment, promotion, termination of service, and imposition of disciplAdministrative Law · Source page 120
  41. Principle 459The time limit for bringing an annulment action. Sixty days. When this time limit is interrupted and a new time limit begins: submission of a grievance to the authority issuing the decision or to the superior authority. Administrative Law · Source page 120
  42. Principle 460The time limit for bringing an action to annul an administrative decision. Sixty days. This time limit is interrupted by a grievance to the authority issuing the decision or its superior authority. The time for submittinAdministrative Law · Source page 120
  43. Principle 461Applications for annulment of administrative decisions are admissible only after a grievance against them has been lodged with the authority that issued them or its superior authority and the prescribed periods for decidAdministrative Law · Source page 121
  44. Principle 462Vacating a rented government dwelling. Its cases. They include public-interest considerations. An example of an administrative decision to vacate a government dwelling because of its abandonment and for public-interest cAdministrative Law · Source page 121
  45. Principle 463The time limit for challenging administrative decisions by seeking their annulment is sixty days, with an administrative grievance before bringing the annulment action and the expiry of the prescribed period for decidingAdministrative Law · Source page 121
  46. Principle 464An action for annulment of an administrative decision is an action in rem directed at the administrative decision challenged. Example concerning promotion by selection.Administrative Law · Source page 121
  47. Principle 465For an interest in an action to annul an administrative decision bypassing a person for promotion to exist, it suffices that the decision affects the financial and moral interests of the person bypassed. His leaving servAdministrative Law · Source page 121
  48. Principle 468An annulment action is an objective action protecting general legal positions. It does not raise a personal dispute but challenges the unlawful decision to bring it back under the correct rule of law, protecting the prinAdministrative Law · Source page 122
  49. Principle 469Judgments annulling an administrative decision. Have in rem binding effect against all persons. - The dispute in an annulment action. Its nature. Example.Administrative Law · Source page 122
  50. Principle 470The time limit for challenging administrative decisions. Sixty days. This time limit is interrupted by the administrative grievance that must be lodged before bringing an annulment action and by awaiting the expiry of thAdministrative Law · Source page
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